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KERTON v. LUTHERAN CHURCH EXTENSION FUND

No. 2-92-1215.

634 N.E.2d 16 (1994)

262 Ill. App.3d 74

199 Ill.Dec. 416

Michael KERTON and Peter DeVore, Plaintiffs and Counterdefendants-Appellants, v. LUTHERAN CHURCH EXTENSION FUND, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, Second District.

May 5, 1994.

Attorney(s) appearing for the Case

Laura L. Kerton, Robert W. Brown, Jr., Dunlap & Brown, Ltd., Libertyville, for Michael Kerton and Peter DeVore.

James L. Brendemuhl, Boeger, Heerwagen, Lusthoff & Brendemuhl, P.C., Riverside, for Lutheran Church Ext. Fund.

Justice COLWELL delivered the opinion of the court:

Before closing on the purchase of a vacant parcel of property, plaintiffs, Michael Kerton and Peter DeVore, notified defendant of their objection to a right-of-way for natural gas pipeline and brought an action requesting the return of their earnest money. Defendant denied the existence of any defect in title and counterclaimed that plaintiffs' objection was untimely. The trial court ruled that plaintiff's objection...

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